Whiplash is a common injury in car accidents, and most people often ignore or overlook the possibility of compensation. It can be a minor injury or a life-altering injury that leads to permanent disability.
If that doesn't convince you to file a claim or sue, consult an auto accident injury lawyer to understand whether it's worth pursuing. Below are ways to determine whether suing is a route you can consider.
What's the Nature of Your Whiplash?
What's the extent of the injuries? In some situations, you will experience some pain and damage to the soft tissues, which dissipates after several days. In others, the injuries aren't immediately apparent, and severe symptoms can begin appearing weeks after the accident.
Ideally, seek medical attention to understand the nature and extent of your injuries. With this information, consult your auto accident injury lawyer to understand your chances of success if you sue. Insurance often writes off whiplash injuries as nuisance claims.
Keep in mind that soft tissue injuries like whiplash are hard to document as they don't appear on conventional diagnostic tools such as X-rays. Defense auto accident injury lawyers will claim that your injuries aren't as serious as you're saying.
Without an X-ray to prove them wrong, you need to make sure you seek prompt medical attention and have the doctor record the treatment process and severity of the injuries. This information will serve as your proof, which your auto accident injury lawyer will use to argue your case.
Can You Prove Negligence?
You will need an experienced auto accident injury lawyer for this part. Can you prove that the other driver's negligence caused your whiplash injuries? To establish the at-fault driver's negligence, your auto accident injury lawyer will gather evidence. This evidence will include witness statements, police reports, photos, and videos from the accident scene. Using this information, the lawyer can argue that the other driver was at fault and responsible for your whiplash.
How Much Compensation Can You Get?
The amount you will get varies from case to case, depending on the severity of the injury and its effect on your life. For example, if your whiplash healed after several days, don't expect to receive the same settlement amount as someone who was permanently disabled.
Ask your auto accident injury lawyer to estimate the settlement amount they think you will receive. After years of practice, many lawyers can give you a range of what to expect. The amount you will eventually receive may vary, but the estimate tells you if the case is worth pursuing.
For more information, reach out to an auto accident injury lawyer.